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New York State Controlled Substances Act

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New York State Controlled Substances Act ARTICLE 33: NEW YORK STATE CONTROLLED SUBSTANCES ACT Page 3300 - Short Title 3 3300a- Legislative purposes 3 3301 - Applicability of this article to actions and matters occurring or arising before and after the effective date. 4 3302 - Definitions of terms of general use in this article 5 3304 - Prohibited acts 8 3305 - Exemptions 9 3306 - Schedules of controlled substances 11 3307 - Exception from schedules 25 3308 - Powers and duties of the commissioner 26 3309 - Opioid overdose prevention 27 3310 - Licenses for manufacture or distribution of controlled substances 28 3311 - Authority to issue initial licenses, amended licenses and to renew licenses 29 3312 - Application for initial license 30 3313 - Granting of initial license 31 3315 - Applications for renewal of licenses to manufacture or distribute controlled substances 32 3316 - Granting of renewal of licenses 33 3318 - Identification of controlled substances 34 3319 - Distribution of free samples 35 3320 - Authorization distribution 36 3321 - Exempt distribution 37 3322 - Reports and records 38 3324 - Licenses to engage in research, instructional activities, and chemical analysis relating to controlled substances 39 3325 - Authority to issue licenses; applications 40 3326 - Institutional research licenses 41 3327 - Procedure 42 3328 - Exemptions from title 43 3329 - Reports and records 44 3330 - Schedule I substances 45 3331 - Scheduled substances administering and dispensing by practitioners 46 3332 - Making of official New York state prescriptions for scheduled substances 47 3333 - Dispensing upon official New York state prescription 48 3334 - Emergency oral prescriptions for schedule II drugs and certain other controlled substances 50 3337 - Oral prescriptions schedule III, IV, V substances 51 3338 - Official New York state prescription forms 52 3339 - Refilling of prescriptions for controlled substances 53 3341 - Institutional dispensers certificates of approval 54 3342 - Dispensing and administering by institutional dispenser 55 3343 - Reports and records 56 3345 - Possession of controlled substances by ultimate users original container 57 3350 - Dispensing prohibition 58 1 ARTICLE 33: NEW YORK STATE CONTROLLED SUBSTANCES ACT Page 3351 - Dispensing for medical use 59 3352 - Reports and records 60 3370 - Preserving and inspection of records 61 3371 - Confidentiality of certain records, reports, and information 62 3372 - Practitioner patient reporting 63 3373 - Confidential communications 64 3374 - Notification by license 65 3380 - Inhalation of certain toxic vapors or fumes, and certain hazardous inhalants; sale of glue and hazardous inhalants in certain cases 66 3381 - Sale and possession of hypodermic syringes and hypodermic needles 68 3381a-Destruction of hypodermic syringes and needles 72 3382 - Growing of the plant known as Cannabis by unlicensed persons 73 3383 - Imitation controlled substances 74 3384 - Information program for retailers 76 3385 - Enforcement 77 3387 - Seizure and forfeiture of controlled substances, imitation controlled substances and official New York state prescription forms; disposition 78 3388 - Seizure and forfeiture of vehicles, vessels or aircraft unlawfully used to conceal, convey or transport controlled substances 80 3390 - Revocation of licenses and certificates of approval 82 3391 - Revocation and suspension of license or certificate of approval procedure 83 3393 - Formal hearings procedure 84 3394 - Judicial review 85 3396 - Violations; penalties 86 3397 - Fraud and deceit 87 2 ARTICLE 33: NEW YORK STATE CONTROLLED SUBSTANCES ACT § 3300. Short title. This article shall be known as the New York State Controlled Substances Act. § 3300-a. Legislative purposes. The purposes of this article are: 1. to combat illegal use of and trade in controlled substances; and 2. to allow legitimate use of controlled substances in health care, including palliative care; veterinary care; research and other uses authorized by this article or other law; under appropriate regulation and subject to this article, title eight of the education law, and other applicable law. 3 ARTICLE 33: NEW YORK STATE CONTROLLED SUBSTANCES ACT § 3301. Applicability of this article to actions and matters occurring or arising before and after the effective date. Unless otherwise expressly provided, or unless the context otherwise requires: (a) the provisions of this article shall govern and control the possession, manufacture, dispensing, administering, and distribution of controlled substances with respect to any matter, act or omission, arising or occurring on or after the effective date hereof; (b) the provisions of this article do not apply to or govern any matter, act, or omission arising or occurring prior to the effective date hereof. Such matters, acts, or omissions must be governed and construed according to provisions of law existing at the time such matter, act or omission arose or occurred in the same manner as if this article had not been enacted. 4 ARTICLE 33: NEW YORK STATE CONTROLLED SUBSTANCES ACT § 3302. Definitions of terms of general use in this article. Except where different meanings are expressly specified in subsequent provisions of this article, the following terms have the following meanings: 1. "Addict" means a person who habitually uses a controlled substance for a non-legitimate or unlawful use, and who by reason of such use is dependent thereon. 2. "Administer" means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject. 3. "Agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. No person may be authorized to so act if under title VIII of the education law such person would not be permitted to engage in such conduct. It does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman when acting in the usual and lawful course of the carrier's or warehouseman's business. 4. "Concentrated Cannabis" means (a) the separated resin, whether crude or purified, obtained from a plant of the genus Cannabis; or (b) a material, preparation, mixture, compound or other substance which contains more than two and one-half percent by weight of delta-9 tetrahydrocannabinol, or its isomer, delta-8 dibenzopyran numbering system, or delta-1 tetrahydrocannabinol or its isomer, delta 1 (6) monoterpene numbering system. 5. "Controlled substance" means a substance or substances listed in section thirty-three hundred six of this chapter. 6. "Commissioner" means commissioner of health of the state of New York. 7. "Deliver" or "delivery" means the actual, constructive or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship. 8. "Department" means the department of health of the state of New York. 9. "Dispense" means to deliver a controlled substance to an ultimate user or research subject by lawful means and includes the packaging, labeling, or compounding necessary to prepare the substance for such delivery. 10. "Distribute" means to deliver a controlled substance other than by administering or dispensing. 11. "Distributor" means a person who distributes a controlled substance. 12. "Diversion" means manufacture, possession, delivery or use of a controlled substance by a person or in a manner not specifically authorized by law. 13. "Drug" means (a) substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; (b) substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals; and (c) substances (other than food) intended to affect the structure or a function of the body of man or animal. It does not include devices or their components, parts, or accessories. 14. "Federal agency" means the Drug Enforcement Administration, United States Department of Justice, or its successor agency. 15. "Federal controlled substances act" means the Comprehensive Drug Abuse Prevention and Control Act of 1970, Public Law 91-513, and any act or acts amendatory or supplemental thereto or regulations promulgated thereunder. 16. "Federal registration number" means such number assigned by the Federal agency to any person authorized to manufacture, distribute, sell, dispense or administer controlled substances. 5 ARTICLE 33: NEW YORK STATE CONTROLLED SUBSTANCES ACT 17. "Habitual user" means any person who is, or by reason of repeated use of any controlled substance for non-legitimate or unlawful use is in danger of becoming, dependent upon such substance. 18. "Institutional dispenser" means a hospital, veterinary hospital, clinic, dispensary, maternity home, nursing home, mental hospital or similar facility approved and certified by the department as authorized to obtain controlled substances by distribution and to dispense and administer such substances pursuant to the order of a practitioner. 19. "License" means a written authorization issued by the department or the New York state department of education permitting persons to engage in a specified activity with respect to controlled substances. 20. "Manufacture" means the production, preparation, propagation, compounding, cultivation, conversion or processing of a controlled substance, either directly or indirectly or by extraction from substances of natural origin, or
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